The Supreme Court of India has indicated that it may stay the operation of certain provisions of the Waqf (Amendment) Act, citing “exceptional circumstances.” The observation came during a hearing on a batch of over 100 petitions challenging the constitutional validity of the amended law.
A key point of contention is the removal of the “waqf by user” clause, which allowed properties to be declared as waqf based on historical use. The court questioned how old mosques—some established centuries ago—could be expected to produce registered deeds. Chief Justice Sanjiv Khanna remarked that such a requirement is impractical and may lead to serious issues, especially in the absence of written records for structures dating back to the 14th or 15th centuries.
The bench also raised concerns about the inclusion of non-Muslims in Waqf Boards, asking the Centre whether a similar provision exists in Hindu religious trusts. The court stressed the need for fairness and consistency in religious board management.
The hearing also referenced recent violent protests in West Bengal’s Murshidabad district, where three people were reportedly killed. The court described the developments as “very disturbing” and emphasized that such incidents should not take place while the matter is sub judice.
Although the Supreme Court has not issued a stay yet, it has suggested interim relief to halt the de-notification of waqf properties, including those recognized based on user. The Centre has sought time to file its response. The matter will be heard again on April 17 at 2 PM.